Man accused of murdering his girlfriend claims she accidentally choked to death on his penis during oral sex

'It’s material and relevant,' Richard Henry Patterson's lawyer wrote in a legal motion

Richard Henry Patterson (Broward County Sheriff’s Office)

A man who has been accused of murdering his girlfriend has claimed she accidentally choked to death while performing oral sex and offered to show the jury his penis as evidence.

Richard Henry Patterson, 65, has never denied choking his girlfriend, Francisca Marquinez, 60, to death. But it is only recently that he has revealed how she was killed in October 2015.

The pensioner from Margate, Florida, has now asked a judge for permission to show the jury his penis in a bid to clear his name, according to the Sun Sentinel newspaper.

His attorney Ken Padowitz said the unusual request was key to his defence, which will argue Ms Marquinez died by accident while engaging in consensual sexual activity.

A legal motion filed on his client's behalf states that medical examiner Dr Ronald Wright will testify that Ms Marquinez’s death “is consistent with being accidentally sexually asphyxiated during oral sex”.

“It’s material and relevant," Mr Padowitz wrote of his client's penis. "The view by the jury is essential for them to fully understand Dr Wright’s testimony and the defense in this case.”

If the judge decides to grant his request, the court room would be closed to public with only the judge, lawyers, a bailiff, the jury and the defendant present.

A similar defence was offered in the UK by Philip Martins in 2011, but he was convicted of smothering and strangling Linda Bakewell to death and sentenced to life at Chester Crown Court.

If the judge turns down Mr Patterson’s request, Mr Padowitz said he would consider making a mould.

Ms Marquinez’s son, Omar Andrade was less than impressed with the unique defence,

The 41-year-old told the Sun Sentinel: “It’s a desperate man trying a desperate tactic. He’s just trying to get off the hook.”

Ms Marquinez's autopsy showed no signs of trauma and no bruises were found on her neck.

But her body was found in an early stage of decomposition, making bruises more difficult to detect.